Dorris Municipal Code Ch. 15.08 Abatement of Dangerous

BUILDINGS Sections: 15.08.010 15.08.020 15.08.030 15.08.040 15.08.050 15.08.060

Board of condemnation created. Board of condemnation- Powers and duties. Notice of bearing. Findings and determination. Violation-Penalty. Public nuisance declared- Abatement.

A. For the purpose of this chapter a "building constituting a menace to public safety," is defined as:

1. Any building, or other structure, lo- cated in the city of Dorris, so constructed as to more than ordinarily endanger the safety of persons therein in case of fire, or so situated as to more than ordinarily endanger other buildings or property in the vicinity in case of fire, or so constructed or situated as to render the same peculiarly susceptible to fire from within or without; or
2. Any building or other structure in the city of Dorris, which, by reason of rot, weak- ened joists, walls, floors, underpinning, roofs, ceilings, insecure foundations, or other cause, has become so dilapidated or deteriorated as to endanger the safety of persons therein or nearby. B. For the purpose of this chapter "owner" is defined to mean the holder or holders of the record title and all recorded 170 interests therein on the day upon which the notice of hearing is issued. (Ord. 150 §§ I, la, 1964)

created. The board of condemnation is created and shall consist of the health officer, the building inspector and the chief of the fire department. (Ord. 150 § 2, 1964)

Powers and duties. The board is granted the power, after hear- ing, to conclusively find and determine whether any building constitutes a menace to public safety. The board may, as part of such hearing, inspect such building and the facts observed by the board at such inspection shall constitute evidence upon which it may base its findings. (Ord. 150 § 3 (part), 1964)

Notice of hearing shall be given by the board by posting in a conspicuous place on the building at least ten (10) days prior to the date of hearing a notice directed to "all per- sons having or claiming any interest" in the building, designating the building sought to be condemned, the grounds therefor and the time and place of hearing. A copy of such notice shall be sent by registered mail at least ten (10) days prior to such hearing to each owner at his or her last known address, or if such address cannot, after due diligence, be ascertained, then to such owner at Dorris, California. (Ord. 150 § 3 (part), 1964)

A. Whenever the board shall have deter- mined that a building constitutes a menace to public safety, it shall thereupon conclusively find and determine what repairs or alterations are necessary or whether the total destruction of such building is necessary in order that such building shall not constitute a menace to public safety. The board shall also conclu- sively determine and find the length of time necessary to complete such repairs, altera- tions or destruction, such time to begin to run upon service of finding, and the board may, for good cause, extend such time for not to exceed thirty (30) days. B. The findings of the board shall be in writing and shall be served upon the owner personally, and if, after due diligence the owner cannot be found, shall in lieu thereof, be posted for ten (I 0) days in a conspicuous place on the building. (Ord. 150 §§ 4, 5, 1964)

It is unlawful and punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the city prison for not more than six months, or both, for any owner of any building which has been found by the board of condemnation to constitute a menace to public safety to fail, after service of find- ings as provided in Section 15.08.050, to de- stroy, alter or repair such building in accor- dance with the findings of the board and within the time allowed by the board, pro- vided such owner has the legal power to so destroy, alter or repair such building, and it is unlawful and similarly punishable for any owner after he or she has received the notice of hearing above provided to disable himself 171 or herself from destroying, altering or repair- ing such buildings. Each day's failure to so alter, destroy or repair such building shall constitute a distinct and separate offense. (Ord. 150 § 6, 1964)

Abatement. A. Every building constituting a menace to public safety, as the same is defined in Section 15.08.010, is declared to be a public nuisance and such nuisance may be abated summarily or by civil action. B. Every building found by the board of condemnation to constitute a menace to pub- lic safety shall, if not destroyed, altered or repaired within the time allowed by and in accordance with the findings of the board, be deemed and every such building is declared to be a public nuisance and every such nui- sance may be abated summarily or by civil action. (Ord. 150 §§ 7, 8, 1964)